Opinion
May 7, 1937.
Order denying defendants' motion to dismiss the complaint modified by granting the motion as to the fourth and eighth separate causes of action, and as so modified affirmed, without costs. The first, second, third, fifth, sixth, seventh and ninth causes of action set out in the complaint properly state causes of action to have transfers of property set aside on the ground of fraud pursuant to the provisions of article 10 of the Debtor and Creditor Law. The fourth and eighth causes of action are actions at law, demanding money judgments on the same claim on which plaintiff already has a money judgment against the individual defendant, as alleged in paragraph twelfth of the complaint. These causes of action are not within the purview of section 278 Debt. Cred. of the Debtor and Creditor Law. Carswell, Adel, Taylor and Close, JJ., concur; Lazansky, P.J., not voting.